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2018 Supreme(Cal) 499

DEBANGSU BASAK
Apurba Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashish Kumar Sanyal, Advocate, Mr. Pratip Kumar Chatterjee, Advocate, Mr. Bikash Ranjan Bhattacharya, Sr. Advocate, Mr. Samim Ahamed, Advocate
For the Respondent:Mr. Sabyasachi Chatterjee, Advocate, Mr. Firdous Samim, Advocate, Mr. Sayak Chakraborty, Advocate, Mr. P. Chakraborty, Advocate, Mr. Sourav Mondal, Advocate, Mr. Ashish Kumar Sanyal, Advocate, Mr. Pratip Kumar Chatterjee, Advocate, Mr. Debanik Banerjee, Advocate

JUDGMENT :

DEBANGSU BASAK, J.

1. Five writ petitions have been taken up for consideration as they involve similar issues and relate to alleged defections of Councillors in Kandi Municipality.

2. Mr. Guru Prasad Mukherjee has filed W.P. No. 9155 (W) of 2016 asking for a direction upon the Sub-Divisional Officer to hear out the writ petition filed by Mr. Guru Prasad Mukherjee under Section 21B of the West Bengal Municipal Act, 1993 against the respondent nos. 6 to 11 of such writ petition.

3. Mr. Apurba Sarkar has filed a writ petition being W.P. No. 5941 (W) of 2018 in which he has challenged the resolution dated February 19, 2016 taken pursuant to a requisition issued by a section of the Councillors of the Municipality. There are two applications filed in W.P. No. 5941 (W) of 2018. One is an application for transposition made by one of the Councillors for being transposed to the category of a petitioner in the writ petition.

4. Mr. Bikash Ranjan Bhattacharya learned Senior Advocate appearing for Debajyoti Roy and Santana Roy has submitted that, Guru Prasad Mukherjee had applied under Section 21B of the West Bengal Municipal Act, 1993 before the Sub-Divisional Officer complaining defecti















































































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